A Delhi court has emphasized that maintenance cannot be ordered beyond a person's actual means, even if the awarded amount proves insufficient for the recipient's basic needs. According to reports from PTI, Additional Sessions Judge Parveen Singh made this observation while dismissing an appeal by a woman challenging interim maintenance of ₹1,840 per month awarded by a magistrate under the Domestic Violence Act. The court stressed that maintenance must be assessed in light of the paying spouse's actual or presumed income, noting that the contention that the amount was too meagre to enable the woman to survive in Delhi could not be disputed. The Delhi Sessions Court's 1 September 2026 order further noted that a person cannot be instructed to pay more than their means, even when the maintenance awarded may be insufficient to meet the recipient's basic expenses and day-to-day living requirements.
Legal experts highlight that courts will generally look beyond the salary figure merely declared by the spouse when assessing maintenance claims. As reported by PTI, Amitraj Kaushal, Advocate at Supreme Court of India, explained that salaried persons should be prepared to disclose credible evidence of actual income, including salary slips, bank statements, ITRs, Form 16, investments, assets, loans and other regular financial commitments. Courts may also assess earning capacity and overall financial circumstances where the declared income appears incomplete or unreliable. The case highlights that transparent financial disclosure is crucial, as not underreporting one's financial reality can prevent serious legal complications and remedial initiatives by the courts.
The Delhi court's recent decision upheld ₹1,840 monthly maintenance while dismissing a woman's appeal for a higher amount. According to PTI reports, the court found no evidence to support her claims that her husband owned the medical store and other associated properties. His income was analysed and assessed using UP's minimum wage of ₹11,021, clearly noting that he supported 3 children and could not afford more. This case demonstrates how courts balance the claimant's needs with the paying spouse's genuine financial capacity, emphasizing that the final figure depends on the facts and circumstances of each case rather than a single salary figure or predetermined rule.
Maintenance can be sought by wives, children and parents under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 of the Code of Criminal Procedure. According to PTI reports, maintenance may also be sought under Section 20 of the Protection of Women from Domestic Violence Act, 2005, which provides for monetary relief. Legal experts note that maintenance is not determined solely by the recipient's needs, with the paying spouse's actual or reasonably assessable financial capacity being equally relevant. The approach by courts to domestic violence dispute resolution is bound to boost citizens' confidence, as both parties deserve equal and fair opportunities to present their views and seek proper redress.
